About Lindsay Kramer
Articles written by Lindsay Kramer
What To Do if Your Employer Wrongfully Terminated You
Every state except Montana is an "at-will employment" state. This means that under most state labor laws, employers have the right to terminate employees for any reason they see fit and with no warning. However, there are important restrictions to this right that you should know about as an employee. Employers cannot fire you for illegal reasons. For example, if your employer fires you for a discriminatory reason, you can file a wrongful termination claim to recover back pay, lost wages, and …
Texas Marijuana Possession Laws Primer
Unlawful possession of marijuana is a crime under the Texas Health Code, and the legal consequences of a drug arrest include jail time, monetary fines, and a criminal record. Criminal penalties for marijuana possession depend on the usable quantity weight threshold, with misdemeanor charges for up to 4 ounces, and a felony offense for anything higher. Defense options include suppressing evidence of an illegal search and seizure. Contact a criminal defense attorney to discuss your legal rights …
Civil Asset Forfeiture: Can Police Take Your Assets?
Police can take your assets in civil forfeiture if law enforcement have probable cause to believe the cash seizure or vehicle seizure is related to criminal activity. Police seizure puts the asset recovery burden of proof on the owner to prove their property rights in a civil suit. Claimant rights legal defense claims are based on violations of the Fourth Amendment or due process. Some states require a criminal conviction or seizure notice prior to government taking. Innocent owners may forego …
What To Know if You're Arrested for a DWI in Texas
If you're arrested for a Texas DWI, invoke your Miranda rights to remain silent and contact a defense attorney. Police need probable cause during a traffic stop for an arrest, and implied consent laws require a chemical test to find out if you are over the BAC legal limit, with license suspension administrative penalties for a breathalyzer refusal. Penalties for a DWI include jail time, statutory fines, an ignition interlock device, and a criminal record, with increased penalties for prior …
Are Criminal Background Checks Discrimination?
As an employer, you want to know that you can trust the people you hire. For many employers, criminal background checks are a business necessity, even required, tool for gaining insight to applicants’ pasts, particularly those hiring for positions that involve working with children, the general public, or financial transactions. Although it is legal to use criminal background checks when making hiring decisions, employers must exercise discretion when viewing criminal convictions. Employment …
Texas Noncompete Agreements: Rules for Enforceability
Noncompete agreements are meant to protect a company’s legitimate business interests, its investment in workers, and its current market position. Noncompetes do this by prohibiting workers from starting new business ventures that will compete with the employer, working with one of the company’s established competitors, or sharing confidential business information. If you are asked to sign a noncompete agreement in Texas and you subsequently violate or challenge its terms, the court may …
Requesting a Reasonable Accommodation
Employers are required to comply with specific laws that protect employees. These include Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Pregnancy Discrimination Act. The ADA requires employers to give reasonable accommodations to employees with qualifying disabilities. A reasonable accommodation is a modification to the work environment, job duties, or way things are usually done that allows people with disabilities to have equal work opportunity. …
Is Stop and Frisk Legal in My State?
Stop-and-frisk refers to a controversial type of law in multiple U.S. states that authorizes police officers to temporarily detain and pat down someone to determine if they’re carrying a weapon. To perform a stop-and-frisk, law enforcement officers must have a reasonable suspicion that the person is armed and may pose a threat to public safety. Unfortunately, police officers do not always follow the rules. If you have questions about the stop-and-frisk laws in your state, talk to a criminal …
If You Work Overtime, You Must Be Paid More Than Your Normal Wage
If you work overtime over a forty-hour workweek in Texas, you must be paid at the overtime rate for hours worked, and you can file a wage claim with the Department of Labor to get your unpaid wages. FLSA compliance requires non-exempt employees to get time-and-a-half their regular rate for overtime pay, and employers are liable for back pay and liquidated damages for unpaid overtime hours. Hourly workers must file a wage theft claim within the statute of limitations to recover statutory …
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